(영문) 부산지방법원 2017.04.20 2016노3779 | 리걸엔진

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(영문) 부산지방법원 2017.04.20 2016노3779

영유아보육법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case was committed by the Defendant with a unit price for teaching materials and return the difference from the customer in cash. It was found that the Defendant received an excessive amount of KRW 2,971,00,000 from the parents of children's house in the three location of children's house operated by the Defendant. In light of the circumstances and contents of the crime, it is found that the Defendant was disadvantageous to the Defendant, such as the fact that there is a significant amount of

However, the defendant made a confession of all of the crimes of this case against the defendant, the defendant paid damages to the two places of the child-care center operated by the defendant, and in the case of the closed child-care center, the defendant returned the sum of 20,90,000 won received excessive money from the parents who can be contacted for the first time in order to recover the damages of the parents who can be seen as the actual victims of the money. The defendant is a first offender who has not been subject to criminal punishment so far, the defendant is not only with a long term of financial standing but also with poor child-care centers at risk of difficulty. The defendant's punishment seems to cause confusions among parents if the two places of the child-care center is closed due to the defendant's punishment, and the defendant's age, sexual behavior, environment, etc. are considered as the condition for the punishment of the crime of this case, the court below's punishment against the defendant is too unfair.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by this court shall be as follows.

유사 판례

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